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1882 Results

Location: Tulare x
2019.5.16 Motion to Set Aside and Vacate Order Due to Extrinsic Fraud 080
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.16
Excerpt: ...by the court on March 7, 2019. The court granted the motion. The court's order was filed on March 13, 2019. Plaintiff's current motion seeks to set aside and vacate the order due to extrinsic fraud. Plaintiff's motion to set aside and its supporting documents are insufficient to show Plaintiff failed to receive notice of Defendant's motion for pre-filing requirement or that Defendant's service efforts were improper or ineffective. In addition, Pl...
2019.5.16 Motion for Relief from Default, Judgment 132
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.16
Excerpt: ...elief from default and default judgment under CCP 473(b). Defendant asserts she is entitled to relief on grounds of mistake, inadvertence, surprise and excusable neglect. Default was entered on February 6, 2019. Default Judgment was entered on February 15, 2019. Defendant's motion is brought within six months of default and default judgment and is, therefore, timely. With her moving papers, Defendant submits her proposed answer to the complaint a...
2019.5.16 Motion for Entry of Judgment Pursuant to Written Stipulation of All Parties 430
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.16
Excerpt: ...aintiff's current motion fails to address the deficiencies previously noted by the court. Defendant has not appeared in this action. Plaintiff has not filed with the court the written stipulation referenced in Plaintiff's supporting declaration (which would require payment of Defendant's appearance fees). Alternatively, Plaintiff has not sought entry of Defendant's default in this action. Plaintiff has failed to dismiss all Doe Defendants named i...
2019.5.14 Motion to Vacate Judgment 083
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.14
Excerpt: ...l de novo in this case. Ms. Gonzalez seeks to vacate the judgment of this court because she contends that she did not receive notice of the defendants' appeal of the small claims judgment nor the February 28, 2019 trial de novo because she was not personally served with either the notice of appeal nor the date of the trial de novo. The judgment was mailed to the address she used throughout the proceedings as was the notice of appeal and the court...
2019.5.14 Motion to Enforce Settlement 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.14
Excerpt: ... western portion of the divided property. Plaintiff's complaint alleges that he enjoyed an easement to use a 15' wide road that travels up from Avenue 336 where the boundary between the two divided parcels was located. At a mandatory settlement conference on August 13, 2018, the parties agreed to a settlement of this action. Plaintiff's attorney stated the terms of this settlement on the record before the court, and Plaintiff confirmed his unders...
2019.5.13 Supplemental Motion for Preliminary Approval of Class Action Settlement 112
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.5.13
Excerpt: ...Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff's Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing. On March 25, 2019, the court denied plaintiff Rosalio Vera's original motion for approval without prejudice. 1. Sufficiency of Amount of Settlement ($420,000) Upon further review...
2019.5.2 Application for and Renewal of Judgment 176
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.2
Excerpt: ...sagrees with Plaintiff's assertion that the clerk should attempt to reconcile the discrepancies and do the math to discover why Plaintiff's calculations differ on each document to lead to a correct total renewed judgment. In paragraph 5 of the application for renewal of judgment, Plaintiff should enter the following amounts: a. The total judgment as previously entered: b. The costs after judgment from the cost memorandum; c. Subtotal of a) and b)...
2019.5.1 Demurrer 735
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.1
Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...
2019.5.1 Demurrer, Motion to Strike Improper Prayer and Punitive Damages 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.1
Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...
2019.5.1 Motion to Enforce Written Settlement, for Attorney's Fees 202
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.1
Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...
2019.4.30 Motion to Enforce Written Settlement, for Attorney's Fees 202
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.30
Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...
2019.4.30 Demurrer, Motion to Strike Improper Prayer and Punitive Damages 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.30
Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...
2019.4.30 Demurrer 735
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.30
Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...
2019.4.29 Demurrer 839
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.29
Excerpt: ...the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. Defendant Nick Pritchett contends plaintiff Mane Arax's first amended complaint for fraud fails to state a cause of action because plaintiff failed to obtain an order permitting a cause of action for conspiracy against Pritchett as required by Civil Code section 1714.10. Here, the amended complaint alleges Pritchett and his and co-defendants, “jo...
2019.4.29 Motion to Quash, Modify, or Limit Subpoena for Records Issued 968
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.29
Excerpt: ...p proceeding wherein Petitioner Oscar Estrada is seeking to obtain custody of his step-children Christopher Selix and Alexia Marie Selix after the death of their mother. He is opposed by the children's maternal grandparents, Oralia and Silvino Selix. They have subpoenaed employment records from a former employer of Mr. Estrada, Cardboard Box Company. He moves to quash the subpoena for employment records arguing the requests are overbroad and viol...
2019.4.25 Application to Stay Action Pending Determination of Writ Petition 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...parte application and motion to stay action arises out this court's March 28, 2019 ruling that denied defendants Gary Kupfer, Mary Ann Cantu, and County of Tulare's motion for summary judgment-adjudication. These defendants assert that their intention is to seek writ relief from the Fifth District Court of Appeal as to this court's March 28 ruling. Defendants' request for a stay of this action until the Fifth District Court of Appeal rules on the...
2019.4.25 Motion for Judgment on the Pleadings 998
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...r Judgment on the Pleadings are sustained. OPERATIVE FACTS On or about June 22, 2006, Laura C. Woomer executed a note in the amount of $211,000.00 (the "Note) and received a loan from Countrywide Home Loans, ("Countrywide"), with ReconTrust Company, N.A. ("ReconTrust") serving as the Trustee and MERS acting solely as a nominee for Countrywide and its successors and assigns. This note was secured by a deed of trust encumbering ...
2019.4.25 Motion for Preliminary Approval of Class Action Settlement 410
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...enor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's requested deductions are approved, the...
2019.4.25 Motion to Set Aside Default 970
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...CP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long. This action involves three liens against a four-acre olive orchard. Bob's Petro Products' Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob's Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson su...
2019.4.24 Motion to Vacate Judgment 583
Location: Tulare
Judge: Drew, Stephen
Hearing Date: 2019.4.24
Excerpt: ...Defendant Torres failed to do so here. Ms. Torres' motion fails on the merits as well. From a review of the record in this unlawful detainer action, the court notes that judgment was entered on April 4, 2019 This case was tried on April 2, 2019. Defendant Torres personally appeared at the trial of this case and offered evidence to the court that consisted of a declaration that had several exhibits attached to it. Following a review of this eviden...
2019.4.9 Motion to Set Aside Default, for Leave to Defend Action 704
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ... Following a telephone conference between respective counsel, defendant's counsel agreed to accept service of the summons and complaint through notice of acknowledgement and receipt. When defendant's counsel received the service package, he noticed that the exhibits to the plaintiff's complaint were missing. Defendant's counsel contacted plaintiff's counsel who e-mailed these exhibits to defendant's counsel. Defendant's counsel signed, but never ...
2019.4.9 Motion for Judgment on the Pleadings 504
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ... for quiet title, fraud/deceit, conversion, and quantum-meruit/unjust enrichment. Plaintiff Beatriz Romero Gonzalez alleges that she has a half interest in two parcels of land located in Earlimart, California. Ms. Gonzalez states that the basis for her interest in these properties are Grant Deeds that convey these two parcels to Ms. Gonzalez's deceased husband Ramon Velasco Rodriguez and the daughter of defendant Vidal Barreto Velasco. Ms. Gonzal...
2019.4.9 Motion to Tax Costs 570
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ...akov Dulcich & Sons seeks to tax costs of $297.00 associated with deposition costs; $235.00 in service costs, and $8,734.00 paid to a jury consultant. Deposition Costs. The $235.00 arises out of the cancellation of a room reservation that arose out of a failed attempt to depose defendant Dulcich's person most qualified as to this defendant's safety policies and procedures and training of its employees. Given that this deposition was to be conduct...
2019.4.9 Motion for Leave to File Amended Complaint 309
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ...vious pleadings or amendments;(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. California Rule of Court 3.1324(b) further requires that “A separat...
2019.4.4 Motion for Leave to File Amended Complaint 361
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.4
Excerpt: ...her case management conference on May 14, 2019 prepared to schedule a new trial date. Where appropriate, pleadings may be amended at any stage of the litigation. Whether to permit amendment is within the sound discretion of the trial court. (CCP473(a)(1).) It is the policy of the courts to resolve all disputes between the parties in the same action. The court's discretion to permit amendment of pleadings is to be liberally exercised. (Nestle v. S...

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